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Konakandla Srinivasa Chary, v. The State of Andhra Pradesh

Andhra Pradesh HC1 Feb 2022CRLRC/69/2022

Case brief

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What is this about?

Revision filed to challenge dismissal of petition for recall of non-bailable warrant. High Court set aside the impugned order and directed the lower court to consider the fresh application on merits on the same day the applicant appears.

What did the court decide?

Impugned order setting aside directions to file fresh application for recall of non-bailable warrant on merits same day

Konakandla Srinivasa Chary, Vs The… — Civil Procedure and Limitation | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL REVISION CASE No.69 of 2022

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ORDER:

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This revision is filed under Section 397 and 401 of Code of Criminal Procedure, 1973 (for short “Cr.P.C”) aggrieved by the order dated 03.12.2021 in Crl.M.P.No.359/2021 in C.C.No.170/2018 on the file of the II Additional Judicial Magistrate of First Class-cum-II Additional Junior Civil Judge at Bhimavaram, West Godavari District in dismissing the petition filed under section 70(2) Cr.P.C.

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The case of the petitioner is that the petitioner is the sole accused in C.C.No.170/2018 filed an application under section 70(2) Cr.P.C for recalling the non-bailable warrant issued against him on 02.11.2021. The Court below has rejected the said application on the ground that the accused involved in an offence under section 138 of Negotiable Instruments Act and he is absent since 01.10.2021 and further the case is pending for cross-examination of PW2 since 22.10.2021. Left with no option, the Court below has dismissed the recall petition on 03.12.2021. As the accused did not appear before the Court below on 02.11.2021 for cross-examination of PW2, the Court below has issued non-bailable warrant against the petitioner/accused.

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Learned counsel appearing on behalf of the petitioner/accused submitted that he being a Government employee and in view of the present covid situation he could not appear before the Court below from 01.10.2021 and before that the petitioner is regular in attending the Court below and requested for recalling the non-bailable warrant issued against the petitioner. Once the NBW was executed, he will be suspended from the service, as per Rules.

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Considering the said submissions made on behalf of the petitioner and on perusal of the record, the order dated 03.12.2021 passed in Crl.M.P.No.359/2021 in C.C.No.170/2018 by the II Additional Judicial Magistrate of First Class-cum-II Additional Junior Civil Judge at Bhimavaram, West Godavari District, is set aside and the petitioner is directed to go and make a fresh application for recall of NBW before the Court below, and on such filing, the Court below is directed to consider and dispose of the same, on merits, on the same day.

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Accordingly, the criminal revision case is disposed of.

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As a sequel, the miscellaneous applications pending, if any, shall stand closed.

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_____________________ JUSTICE D.RAMESH Date: 01.02.2022 RD

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL REVISION CASE No.69 of 2022

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01.02.2022

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Konakandla Srinivasa Chary, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Konakandla Srinivasa Chary, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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